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General conditions
1. SUBJECT
This Document represents the general terms and conditions of use of mobiladalin.bg, which govern the rules for the use of mobiladalin.bg, including the conclusion of a sales contract with the Seller.
2. DATA ABOUT THE SELLER
2.1. Ibero Premium EOOD is a company with its seat and management address in Bulgaria, with a correspondence address Ruse, 71 Aleksandrovska Street, EIK 117603737 and VAT identification number in Bulgaria: BG117603737
2.2. Ibero Premium EOOD administers the electronic store mobiladalin.bg, in the form of the site mobiladalin.bg, (called the "Platform" for short). Ibero Premium will be referred to below as FD for brevity.
2.3. You can contact the FD at the address indicated above, at phone number 359 888326324 or at the e-mail address. The contact phone is paid.
3. DEFINITIONS
3.1. Buyer - a natural person aged 18 or over, a legal entity or other legal entity, who creates an account on the Platform, places an order and concludes a distance purchase-sale contract.
3.2. Seller – Ibero Premium EOOD, referred to as FD for short.
3.3. Site – the electronic store hosted at the web address mobiladalin.bg and its subdomains
3.4. The platform – the site mobiladalin.bg.
3.5. Client – any natural person over 18 years of age, or a legal entity or other legal entity that accesses the Content through the means of communication provided by FD (electronically, telephone, etc.) or under an existing usage contract with FD and which has stated the creation and use of an Account.
3.6. User – any natural person over 16 years of age or legal entity or other legal entity who has registered on the Platform and who, by completing the Account creation process, has given their consent to certain clauses in the General Terms and Conditions section of the Platform.
3.7. Account – a section of the Platform formed by an email address and password, which allows the Buyer to send an Order and which contains information about the Buyer/User and the history of some of his actions on the Platform (Orders, tax invoices, etc.). The User is responsible for ensuring that all information entered into the Account is true, complete and up-to-date.
3.8. Favorite Products - a section in the account that allows the Buyer/User to create their own lists of Goods and Services that they wish to monitor in connection with possible purchases by using the service offered by the Seller to monitor Goods and Services through the receipt of Commercial Messages from his side.
3.9. List - a section in the "Favorite Products" section where the Buyer/User can add products they are interested in
3.10. Cart – a section in the Account that allows the Buyer/User to add Goods or Services that he wishes to buy at the time of their addition or at a later stage; in the event that the Goods and Services have not been purchased at the time of their addition by placing an Order, the Buyer / User will benefit from the Seller's service for tracking the Goods and Services by receiving Commercial Messages from the Seller
3.11. Order – an electronic document representing a form of communication between the FD and the Customer, through which the Customer declares to the FD, through the Platform, his intention to purchase Goods from the Platform.
3.12. Product(s) / Service(s) – any product or service available on the Platform, including products and services mentioned in the Order, which are provided by the Seller as a result of a concluded Agreement.
3.13. Campaign – any advertising message aimed at promoting the Platform, the FD brand or certain Goods or Services that are available in limited quantities, unless the commercial message expressly states otherwise, for a certain period of time specified by the Seller.
3.14. Contract - represents a remote contract concluded between the Seller and the Buyer for the purchase and sale of Goods through the Platform, an integral part of which are the present general conditions for using the Platform.
3.15. Content
all information on the Platform that is accessible by connecting to the Internet and using an Internet-connected device;
the content of any message from the Buyer to the Seller sent by electronic means and/or any other available means of communication;
any information provided, in any way, by an employee/employee of the Client's FD through electronic or other means for its remote transmission;
the information related to the Goods and/or the applied tariffs by the Seller in a certain period of time;
the information concerning the Customers and related to the Goods and/or the applicable tariffs from third parties with whom the Seller has concluded partnership agreements in some form;
data about the Seller.
3.16. Commercial messages – any type of message sent via electronic communication channels (such as e-mail, SMS, push to a mobile device / web push, etc.), containing general and thematic information, information about similar or relevant products to the purchased, information about offers or promotions, information about the Goods and Services added to the "Account/My Cart" section or the "Account/Favorites" section, as well as other commercial communications such as market and consumer surveys.
3.17. Transaction - the action by the FD to refund the amount paid by the Buyer as a result of cancellation, termination, refusal or non-conclusion of a purchase and sale contract through the Platform, carried out only via bank transfer.
3.18. Specifications – all characteristics and/or descriptions of the Goods as stated in their description.
3.19. Recommended prices – the prices on the Platform shown as recommended are those recommended by the manufacturer of the relevant brand of Goods or by the FD suppliers. FD displays these prices on the Platform close to the price at which FD offers the relevant Product to its Customers.
3.20. "Payment with 1 click" - payment service provided by FD for mobile devices with Android and iOS operating systems and for the site mobiladalin.bg, accessible through a mobile or stationary computer device, representing a payment system that is integrated into the site site mobiladalin .bg and is available to Buyers through which they can make a debit or credit card payment online and which service can be activated through the mobiladalin.bg site
3.21. Token – an encrypted unique code associated with the Buyer's card after online payment and the activation of the "1-Click Payment" service, which can be used by the Buyer for "1-Click Payment", which code is created and stored by the card operator , with which FD works (PayU).
4. ОБЩИ ПОЛОЖЕНИЯ
4.1. The General Terms and Conditions of FD bind all Clients/Buyers/Users of the Platform.
4.2. Any use of the Platform means that You have (a) carefully read the general terms and conditions for its use and (b) have agreed to abide by them unconditionally.
4.3. FD reserves the right to update and amend the Platform Terms and Conditions periodically to reflect any changes to the way the website operates and terms or any changes to legal requirements. The document may be opposed by the Clients/Users/Purchasers from the moment it is published on the Platform. In the event of such a change, we will post the amended version of the Document on the Platform, so please check the contents of this Document periodically. The general terms and conditions that were in force at the time of the conclusion of the distance contract between the Buyer and the Seller apply to each transaction through the Platform.
4.4. If any of the provisions of these general terms of use of the Platform are found to be invalid or unenforceable, regardless of the reason for this, this does not entail the invalidity or unenforceability of the remaining provisions.
4.5. FD makes serious efforts to maintain the accuracy of the information presented on the Platform. However, given the possible technical errors or omissions in this information, FD specifies that the images of the products are illustrative and indicative in nature, therefore the delivered products may differ from the images.
4.6. It is possible that, due to limited space and the sequential structure of the information, the product descriptions are sometimes incomplete. However, FD strives to provide the most relevant and relevant information.
4.7. All goods, including those on promotion/discount, are sold and delivered while supplies last, even if this is not explicitly stated on the Platform.
4.8. The Platform may contain links to other sites. FD is not responsible for the privacy policy of websites it does not administer, as well as for other information contained therein.
5. CONCLUSION OF CONTRACT
5.1. The Customer declares his desire to order and buy the Goods through the Platform by placing an Order electronically or by phone and which is accordingly registered by himself or by an employee of the FD on his behalf.
5.2. FD will send a notification to the Customer to register the Order in his system, which does not mean acceptance, confirmation or commitment to its execution. FD makes this notification electronically (email) or by phone.
5.3. Therefore, the Seller has the right not to deliver part or all of the Products from the Order for various objective reasons, including but not limited to the exhaustion of their stock availability. In all cases, the FD shall notify the Customer of this by e-mail or by telephone. In this situation, the sole responsibility of the Seller is to return any previously received price of the Product.
5.4. The distance sales contract between the Seller and the Buyer is considered to be concluded at the moment the Buyer receives his e-mail and/or via SMS sent to his phone as a notification that the Product from the Order is ready to be shipped.
5.5. The sales contract concluded between the Buyer and the Seller consists of these general terms and conditions and any additional agreements between them.
6. ONLINE SALES POLICY
6.1. Access to the Platform for the purpose of registering an Order is allowed to any User.
6.2. FD reserves the right, at its discretion, to limit the access of any User/Buyer to the realization of an Order and/or to any of the possible payment methods, if it considers that this would be detrimental to FD in any way. In this situation, the Customer's only right is to contact the "Customer Service" department of FD in order to be informed about the reasons that led to the application of the above-mentioned measures. FD is not responsible for any damages that the Client has suffered or may suffer as a result of this decision, regardless of its correctness or justification.
6.3. Communication with the Seller can be carried out by direct contact with him or by the contact methods indicated on the Platform in the "Help" section.
6.4. In case of unusually high traffic on the Internet, FD reserves the right to require the Clients to manually enter the validating captcha codes, in order to protect the information published on the Platform.
6.5. FD may publish advertising or promotional information about the Goods and/or Services for the promotions it offers on the Platform, for a certain period of time.
6.6. All prices of the Goods on the Platform are final, declared in BGN (BGN) including VAT and all other taxes or fees required by law.
6.7. In the case of online or bank payments, the Seller is not responsible for any costs related to fees, commissions or other additional payments made by the Buyer or his bank in connection with the transaction itself, as well as in cases of currency exchange, applied by the bank that issued the client's card in cases where the currency is different from BGN. Payment by card to the FD is accepted as an international payment by banks in Bulgaria, and according to their rules for working with cards and card payments, some banks charge additional fees for this type of transaction. The costs related to such payments are solely for the account of the Buyer. Therefore, the FD recommends its customers to check with their bank about possible additional fees that could be charged to them for online or bank payments.
6.8. All images placed on the Platform are only intended to create some idea of the type of Product offered, and not to represent it accurately. Accordingly, it is possible that some of the images of the Products on the Platform (static/dynamic images/multimedia presentations/etc.) may not correspond to the appearance of the relevant Product. Seller shall not be liable for such discrepancies.
7. USE OF SUBCONTRACTORS
The Seller has the right to use subcontractors for the fulfillment of its obligations under the distance sales contract concluded through the Platform, without the need to notify or obtain the Buyer’s consent. The Seller will be responsible for the actions of these subcontractors as if they were its own.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
8.1. The Content, as defined in the “Definitions” section, including but not limited to logos, any graphic images or inscriptions, trademarks, dynamic symbols, texts, and/or multimedia content on the Platform, is the exclusive property of FD.
8.2. FD owns and reserves all intellectual property rights related in any way to the Platform, whether owned by FD or obtained through contractual licenses or by any other legal means.
8.3. Nothing in the distance contract between FD and the Buyer shall be considered as permission by FD for the Buyer to copy, distribute, publish, provide to third parties, modify in any way any part of the Content, including but not limited to the content of trademarks, logos, multimedia content of the Platform, or Product descriptions in any way, including by introducing any external content to the Platform, or removing signs indicating FD’s ownership of the Content. The Client is also not allowed to transfer, sell, distribute materials created by reproducing (copying), modifying, or publishing the Content, except with the explicit consent of FD.
8.4. The Client may copy, transfer, and/or use the Content only for personal, non-commercial purposes, only in cases where this does not conflict with the provisions of this chapter of this document.
8.5. The Client has the right to use the Content for commercial purposes only if they have obtained FD’s written consent and only to the extent, manner, and time limits for which this consent is expressly given. Any subsequent or different use of the Content will be considered a violation of this contract between FD and the Client and a violation of FD’s intellectual property rights, for which FD has the right to hold the Client accountable.
8.6. The mere sending or referencing of Content or parts of it by FD to the Client shall not be considered as consent by FD to allow the Client to use the Content or parts of it for purposes other than their personal needs, regardless of the means of communication used by FD.
8.7. Any use of the Content for purposes other than those explicitly permitted by these general terms or in any other express written consent given by FD is prohibited.
9. ORDER
9.1. The Client may place Orders on the Platform by adding the desired Products for purchase, following the steps indicated on the Platform, to complete and submit the respective Order.
9.2. Any item added to the Shopping Cart can be purchased if available. Adding an item to the Shopping Cart without completing the Order does not lead to the registration of the order or the automatic reservation of the item.
9.3. By confirming the Order, FD confirms the delivery of only one unit of the respective item in the registered order. The remaining units of the said Product model will be additionally confirmed or declined depending on available quantities.
9.4. The Client is obliged and responsible for ensuring that all data provided to FD in connection with the Order is true, complete, and accurate as of the date of sending the order. The Client allows FD to provide this data to the respective subcontractor through which FD will fulfill the order.
9.5. By submitting the order, the Client/Buyer authorizes FD to contact them in any possible way when necessary in connection with the placed order or the concluded Contract.
9.6. The Seller has the right to refuse to fulfill (cancel) the Client’s Order, for which the Client will be notified. Canceling the order does not entail any responsibility or subsequent obligation for either party to the other in relation to it, and accordingly, neither party has the right to seek compensation from the other for its cancellation in the following cases:
• The bank issuing the Client’s card does not accept the transaction for online payment;
• The monetary transaction does not result in funds being credited to the Seller’s account for online payments;
• The data provided by the Client on the Platform is incomplete and/or incorrect;
• The Seller has made three unsuccessful attempts to deliver the ordered Product to the Client.
9.7. The Buyer will bear all direct costs for returning Products offered by FD in case they withdraw from the Distance Contract and notify FD within the withdrawal period provided by FD. This period starts from the date of receipt of the purchased Product by the Buyer or a third party other than the carrier. The Client must return the Item to the address: Bulgaria, Ruse 7000, Alexandrovskа Str. 71, for Ibero Premium EOOD, and simultaneously notify the Seller via mobiladalin.bg or the phone number listed on the Site.
9.8. The Seller is obliged to refund the paid price for the Contract concluded remotely, from which the Buyer has withdrawn within 14 (fourteen) days from the date on which proof has been received from the Buyer that they have returned the respective Item. The Item must be in its original packaging and not used or worn. The amount will be refunded as follows without causing any additional costs to the Buyer, using the same payment method used by the Buyer in the initial transaction unless the Buyer has expressly agreed to use another payment method. For used or worn items, as well as for defects caused by the Buyer, FD reserves the right to withhold amounts from the price paid under the Contract, notifying the Buyer in advance.
9.9. The right to withdraw from the concluded distance contract and return the goods applies to all Buyers regarding the goods offered by FD, provided that when more than one unit of a specific brand and model item is ordered, only one product’s packaging has been opened, and the rest are returned to the Seller sealed.
9.10. By creating an Account, the Client can use a section called “Favorite Products,” where they can create Lists.
10. GOODS/SERVICES FOR WHICH THE BUYER HAS NO RIGHT OF WITHDRAWAL
The Buyer does not have the right to withdraw from the concluded Contract in the following cases:
• When delivering goods whose price depends on fluctuations in the financial market that cannot be controlled by the Seller and which may occur during the withdrawal period;
• When delivering Products made to the Buyer’s order or according to their individual requirements;
• When delivering Products that, due to their nature, can deteriorate in quality or have a short shelf life;
• When delivering Products that, after being delivered and due to their nature, have been mixed with other goods, from which they cannot be separated;
• In all other cases provided by law.
11. CONFIDENTIALITY
11.1. The Client/User agrees that by providing any personal or other data to FD, they consent to its use by FD for the following purposes: (1) maintaining the Client’s/User’s account, including registering orders, sending ordered products, performing ordered services, invoicing, resolving disputes with Clients/Users/Buyers regarding their Orders, or handling their requests; (2) sending Commercial communications or periodic notifications by email or SMS; (3) conducting market research, tracking and monitoring sales and customer/user behavior.
11.2. The Client/User/Buyer agrees to provide FD with unlimited access to any materials and information they send to the Seller through or in connection with the Platform, regardless of whether they have placed an Order or made a transaction through the Platform. FD has the right to use, reproduce, publish, modify, transmit, and distribute this information or materials. The Client explicitly agrees that FD may freely use and process for its purposes the ideas, concepts, or know-how that the Client has provided in any way through or in connection with the Platform or the actions/inactions that the Client has performed through or in connection with the Platform. FD is not obliged to keep this information confidential, unless required by applicable law.
11.3. By providing their data to FD (including email), the Client/User/Buyer explicitly consents to be contacted by FD or third parties, partners of FD, who are couriers, marketing service providers, state, municipal, or non-governmental agencies, or companies in the field of insurance or financial services when required by specific legislation, as well as other companies with which FD may develop joint programs for offering the Goods on the market, etc.
11.4. By providing their personal data to FD, the Client/User/Buyer explicitly agrees that it will be included in FD’s database and gives their explicit and unambiguous consent that this data will be stored, used, and processed in accordance with the purposes mentioned in point 11.1.
12. COMMERCIAL COMMUNICATIONS
12.1. When the Client creates an account on the Platform, they have the opportunity to consent to receive Commercial communications.
12.2. The Buyer/User may withdraw their consent given to the Seller for receiving Commercial communications at any time by changing the settings in their Account in “My Subscriptions” or by contacting the Seller.
12.3. Withdrawal from receiving Commercial communications does not automatically imply withdrawal from the consent given for the conclusion of this contract.
12.4. After adding Goods or Services to the following section in the Account:12.4.1. “My Cart”
The Seller will notify the Buyer/User regarding:
• Changes in the price of Goods or Services in the “My Cart” section.
• Recommendations for Goods similar to those added to the “My Cart” section.
• Availability of Goods in the “My Cart” section.
12.4.2. “Favorites”
The Seller will notify the Buyer/User regarding:
• Changes in the price of Goods or Services added to the “Favorites” section.
• Recommendations for Goods or Services similar to those added to the “Favorites” section.
• Availability of Goods.
12.5. After purchasing a Good or Service, FD will send commercial messages to the Buyer/User regarding:
• Offers for Goods or Services recommended to be used with the purchased Good or Service.
12.6. The Customer/User may unsubscribe from receiving Commercial communications at any time, as outlined in section 12.2 above, by clicking the unsubscribe link provided in the commercial messages received from FD or by contacting FD for this purpose.
12.7. Additionally, we may use your data for market and consumer research. We do not use data collected in the context of market and consumer research for advertising purposes. Detailed information (especially regarding the evaluation of your publications) can be found within the relevant survey or where you make your publications. Your responses to consumer surveys are not sent to third parties or published. You may object to the use of your data for market research at any time free of charge by clicking the unsubscribe link provided in each message or by contacting FD.
13. INVOICING – PAYMENT
13.1. The prices of the Goods listed on the Platform are final and include VAT as well as all other taxes and fees required by the current Bulgarian legislation.
13.2. The price, payment method, and payment term for invoice issuance are specified in each Order.
13.3.
(1) One-click payment is a fast way to pay on the mobiladalin.bg website using a debit or credit card, which is done with just one click using the card’s Token without the need to enter card details for each transaction.
(2) The “One-click payment” method can be activated at any time after creating your account when registering a new order to be paid by card.
(3) The Customer/User can activate the “One-click payment” option when placing an order and choosing to pay by debit or credit card, after which they select to activate this option. The activation process is the same as described in paragraph 2, and after its completion, the Customer/User pays and completes the Order. After the payment is confirmed, the Buyer can use their card again through the Token.
(4) A Customer/User can activate the “One-click payment” option if they have placed an Order, chosen to pay by debit or credit card, but have not activated “One-click payment”. After receiving confirmation of the payment, the Buyer will be able to save their bank card details as described above. The Customer will then be able to use the card for future payments using the Token.
(5) A Customer with an active “One-click payment” option will not need to fill in their card details each time. By entering their card details, the Customer/User/Buyer confirms that they have been informed and agree to the terms of use of the Platform regarding “One-click payment”, and explicitly consents to these details being used via the Token for subsequent transactions.
(6) The Customer/User/Buyer can enter the details of more than one of their debit or credit cards for payment, for which the “One-click payment” option can be activated. The details of each card will be linked to a different Token. The Customer can delete any Token for any card at any time.
13.4. If the User’s account contains more than one saved address, the delivery will be sent to the one listed as the primary address.
13.5. The Buyer is required to provide all necessary information for the issuance of the invoice in accordance with current Bulgarian legislation.
13.6. The Seller will issue an invoice to the Buyer for the ordered and delivered Products based on the information provided by the Buyer.
13.7. FD issues an invoice for every payment made for an Order through which the Buyer has purchased a Product offered on the Platform by FD. The Buyer agrees to receive such an invoice electronically by uploading it to their Account or by receiving it via the email provided by the Buyer. If these payment documents are not accessible for more than 48 hours in the Account, please notify us at the email address.
13.8. For the correct issuance of the invoice for the relevant Order, the Customer/User is required to continuously update their account data. They are required to review the information provided in the relevant Order to ensure that it is complete, accurate, and correct.
13.9. The Buyer will have a record of the invoices issued by FD in their Account, which can be saved or archived at any time.
13.10. If the Client/User’s account contains more than one saved address, the delivery will be sent to the one listed as the primary address.
14. DELIVERY OF GOODS
14.1. The Seller undertakes to deliver the ordered and purchased Products personally or through a courier company to the address specified by the Buyer or to a courier office, depending on the Buyer’s choice.
14.2. The Seller will ensure the proper packaging of the Products and the dispatch of accompanying documents. If by any chance the shipment does not contain the necessary document for the ordered product, please contact us at the email sales@mobiladalin.bg, and we will do our best to provide it to you as soon as possible.
14.3. The delivery conditions for products offered by FD can be found on the mobiladalin.bg website and are individual for the different types of goods offered on the mobiladalin.bg website.
15. WARRANTIES
15.1. The Seller offers all Goods on the Platform with a warranty for the conformity of the product with the Contract in accordance with current legislation. Exceptions are certain categories of goods that, due to their nature, cannot have a warranty.
15.2. Some Goods come with warranty certificates issued by the manufacturer, while others are issued by FD.
15.3. Warranty certificates issued by FD can be found on the Platform.
15.4. The repair of products outside the warranty period or within this period, but where the Seller’s obligation to bring the goods into compliance with the Sales Contract has lapsed for any reason, is subject to payment by the Buyer and is carried out within a time frame agreed upon by the parties.
15.5. For complaints and issues related to purchased goods and/or services, Buyers should contact by phone or send an email to mobiladalin.bg. Any buyer can make a complaint by filling out the standard form to facilitate the exercise of the right of withdrawal according to the Consumer Protection Act and sending it by email. The delivery of the goods to the service center is at the Buyer’s expense. The return of goods under warranty to the Buyer is at the Seller’s expense. The form can be copied from here:
STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL
To ………………………
/merchant’s name/
……………………………………………………………………..
/address, VAT number/
I hereby notify you that I withdraw from the contract I entered into for the purchase of the following goods/services:
…………………………………………………. /product description/
The goods were ordered on ………………….
The goods were received on …………………. /specify the date of receipt by the consumer/
………………………………………………………………………../Name of the consumer/
City/Town ……………………………………………………………. /Address of the consumer/
………………. …………………………….
/Date/ /Signature of the consumer/
16. TRANSFER OF OWNERSHIP
Ownership of the Goods will be transferred from the Seller upon their delivery to the Buyer after the payment is made. The transfer of the Goods will be certified by the Buyer’s signature on the transport document provided by the courier.
17. LIABILITY
The Seller is not responsible for any damages suffered by the Buyer resulting from force majeure circumstances or events beyond the Seller’s control.
18. PROCESSING OF PERSONAL DATA.
Please review the privacy policy, which is part of this Document and can be viewed here.
19. USE OF COOKIES.
Please review the cookie policy, which is part of this Document and can be viewed here.
20. FORCE MAJEURE CIRCUMSTANCES
21.1. Neither party will be held liable for failure to fulfill their contractual obligations if such failure is due to force majeure circumstances. A force majeure circumstance is an unpredictable event beyond the parties’ control that cannot be avoided.
22.2. If, within 14 (fourteen) days from the date of the relevant event, it does not cease, either party has the right to notify the other party that it terminates the Contract without owing the other party any compensation for any possible damages suffered.
23. APPLICABLE LAW – JURISDICTION
This agreement is subject to Bulgarian law. Any disputes arising between FD and Clients will be resolved by mutual agreement, or if that is not possible, the disputes will be resolved by the competent Bulgarian courts in the Municipality of Ruse, Bulgaria, without violating the rights of consumers under the Consumer Protection Act in accordance with Article 18 of Regulation 1215/2012.
Online dispute resolution:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG